71 – 75 Curlew Drive – Zoning Amendment Application ......2. City Council amend City of Toronto...

STAFF REPORT ACTION REQUIRED

71 ndash 75 Curlew Drive ndash Zoning Amendment Application ndash Final Report

Date March 15 2018

To North York Community Council

From Director Community Planning North York District

Wards Ward 34 ndash Don Valley East

Reference Number

17 145887 NNY 34 OZ

SUMMARY

This application proposes to amend the former City of North York Zoning By-law No 7625 and City of Toronto Zoning By-law 569-2013 in order to permit 222 stacked and back-to back townhouse dwelling units and a new 570 square metre public park at 71-75 Curlew Drive The townhouses are proposed to be arranged in six four-and-a-half storey townhouse blocks The existing vacant industrial building on the site would be demolished The proposed gross floor area is 19575 square metres with a corresponding floor space index of 154 times the area of the lot

The proposed application is appropriate as it provides a compact low-rise residential development and an appropriate level of intensification on an infill property together with a proposed public park The proposal provides for family-sized units in a built form that is compatible with the surrounding context

This report reviews and recommends approval of the application to amend the Zoning By-law

RECOMMENDATIONS

The City Planning Division recommends that 1 City Council amend former City of

North York Zoning By-law No 7625 for the lands at 71-75 Curlew Drive substantially in accordance with the

Staff report for action ndash Final Report ndash 71 ndash 75 Curlew Drive 1

draft Zoning By-law Amendment attached as Attachment No 6 to this report

2 City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 71-75 Curlew Drive substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No 7 to this report

3 City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required

4 City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager Parks Forestry and Recreation (PFR) The development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements as approved by the General Manager PFR and the Parks and Recreation component of development charges payable for the development in accordance with the Citys Development Charges By-law as may be amended from time to time

5 That the applicant work with City Planning and Transportation Services as part of the Site Plan Application to explore the feasibility of installing a stop sign at the intersection of Curlew Drive and Rialto Drive with the costs to be borne by the applicant

6 Before introducing the necessary Bills to City Council for enactment require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act to the satisfaction of the Director Community Planning North York District and the City Solicitor as follows

a The community benefits recommended to be secured in the Section 37 Agreement are as follows

i Prior to the issuance of the first above-grade building permit the Owner shall provide a contribution in the amount of $750000 to be used towards park improvements at Broadlands Park including the construction of a new splash pad and pathway improvements

ii The financial contribution referred to in subsection 6ai shall be indexed upwardly in accordance with the Statistics Canada Non-Residential or Apartment-Building-Construction Price Index for Toronto calculated from the date of the Section 37 Agreement to the date the payment is made

iii In the event the cash contribution referred to in Section 6ai has not been used for the intended purpose within three (3) years of this By-law coming into full force and effect the cash contribution may be redirected for another purpose at the discretion of the Chief Planner and Executive Director of City Planning in consultation with the local Councillor provided that the purposes are identified in the Toronto


Official Plan and will benefit the community in the vicinity of the lands

b The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development

i Prior to the issuance of Notice of Approval Conditions for the Site Plan application the Owner shall submit a revised rail safety study derailment plan for peer review by the Cityrsquos peer reviewer to the satisfaction of the Director Community Planning North York District and shall incorporate all measures into the plans and drawings submitted in the context of site plan approval pursuant to s114 of the City of Toronto Act 2006 as amended and s41 of the Planning Act as amended and as applicable

ii In the event that the proposed grade alterations are not accepted by CP rail the Owner acknowledges that redesign of the grading and servicing may be required In this regard the Owner acknowledges that revisions to the built form of the development may be required together with zoning amendments to accomplish a redesign of the proposed grading and servicing approach

Financial Impact The recommendations in this report have no financial impact

DECISION HISTORY At its meeting on June 13 2017 North York Community Council (NYCC) considered the Preliminary Report for this Zoning By-law amendment application Community Council directed that City Planning staff schedule a community consultation meeting together with the Ward Councillor with expanded notification area and that notice for the public meeting be given in accordance with the regulations of the Planning Act

The Preliminary Report is available online on the Cityrsquos website at httpswwwtorontocalegdocsmmis2017nybgrdbackgroundfile-104269pdf

ISSUE BACKGROUND

Proposal The original application submitted a proposal for a total of 240 townhouse dwelling units across six equally sized stacked and back-to-back townhouse buildings containing 40 townhouse units each Following the community consultation meeting and discussions with City staff the applicant has submitted a revised proposal The revised proposal is for 222 townhouse dwellings arranged in six back-to-back and stacked townhouse blocks and an on-site 570 m2 public park fronting onto Curlew Drive Four of the townhouse blocks contain 40 dwelling units in each block one townhouse block contains 38 dwelling units and the sixth block contains 24 dwelling units


The following chart provides a comparison of the original and revised applications

Original Application (April 2017)

Revised Application (December 2017 February 2018)

Number of Units 240 222 Gross Floor Area 21960 m2 19575 m2

Floor Space Index 172 154 Number of Vehicular Parking Spaces

241 233

Number of Bicycle Parking Spaces

181 169

Two Bedroom Units 240 130 Three Bedroom Units 0 92

The proposed townhouse blocks are four-and-a-half storeys in height The building heights range from 126 metres to 15 metres above established grade to the top of the rooftop access stairs as the grade of the site slopes upward from south to north The half storey above the fourth storey consists of mechanical equipment and the access stairs to the rooftop terraces which are located on top of the fourth storey The proposed townhouse blocks are oriented perpendicular to Curlew Drive Those portions of the blocks that front onto Curlew Drive have townhouse units oriented to Curlew Drive The total gross floor area is 19575 square metres with a corresponding density of 154 times the area of the lot as calculated under the City-wide Zoning By-law 569-2013 The proposed lot coverage for the entire site is 385

Five of the townhouse blocks are set back 30 metres from Curlew Drive and the park fronts onto Curlew Drive at the southern portion of the property The sixth townhouse block is located to the east of the park and is set back 30 metres from the public park The townhouse blocks are set back 20 metres from the rear lot line abutting the CPR rail line A seven metre high rail deflection (crash) wall at the rear lot line is proposed The side yard setbacks are five metres The separation distance between each townhouse block is 12 metres and the two townhouse blocks fronting on the common private driveway have a separation distance of 15 metres

Vehicular access to the site is proposed via a six metre wide private driveway from Curlew Drive The private driveway entrance to the townhouse blocks has been relocated from approximately the middle of the site to the north end of the site The proposed driveway provides access to the garbage pick-up area loading space and underground parking garage The proposed underground parking garage contains 200 resident parking spaces and 33 visitor parking spaces for a total of 233 below grade parking spaces A total of 153 resident bicycle parking spaces are also provided for in the underground garage 16 Visitor bicycle parking spaces are provided for at grade along the rear of the property

Of the 222 townhouse dwelling units proposed 130 dwelling units are proposed as two-bedroom units and 92 dwelling units are proposed to be three bedroom units All of the units are twoshystoreys Pedestrian access to the dwelling units would be from the shared pedestrian mews separating each of the townhouse blocks


The lower level townhouse units are proposed to have at-grade patios fronting onto the pedestrian mews and second storey balconies The upper level townhouses are also proposed to have balconies as well as rooftop terraces The proposed balconies project 15 metres from the building walls along the front yard and along the pedestrian mews Common outdoor and indoor amenity space is provided in the rear of the site See Attachments 1 2 3 and 6 for site plan rendering elevations and additional statistics

Site and Surrounding Area The site is located on the east side of Curlew Drive northwest of Lawrence Avenue East and Victoria Park Avenue The intersection of Curlew Drive and Lawrence Avenue East is located approximately 290 metres west of the site Curlew Drive is a curved street that begins at Lawrence Avenue East and curves eastward and then northward before intersecting with Victoria Park Avenue

The site has a lot area of 12787 square metres with a frontage of 161 metres along Curlew Drive The depth of the site is approximately 80 metres and it is generally flat with a gentle slope upward from the southern to the northern lot line

The site was developed with a one-storey industrial building which was recently demolished There are eight trees on the site all of which are proposed to be removed

The surrounding uses are as follows

North There is a place of worship on the lot directly abutting the site to the north To the north of this place of worship is Toronto Fire Station 233 at 59 Curlew Drive Further north beyond the Toronto Fire Station is a residential townhouse development consisting of two storey residential townhouses fronting on private internal roads

South To the south of the site is a two-storey building containing a place of worship and the Curlew Montessori School To the south of this two-storey building are a number of low rise (one and two storey) commercial buildings as Curlew Drive bends to connect with Lawrence Avenue East including an office building medical office building and commercial martial arts school

East The Canada Pacific Rail (CPR) rail line abuts the property at the east property line To the east of the CPR rail line is the Victoria Terrace Shopping Centre located at the northwest corner of Lawrence Avenue East and Victoria Park Avenue

West There is a four-storey residential apartment building fronting onto Curlew Drive located directly opposite the site at 74 Curlew Drive Further along Curlew Drive to the east and west of this apartment building are reverse-lot single detached dwellings with backyards along Curlew Drive


Provincial Policy Statement and Provincial Plans The Provincial Policy Statement (2014) provides policy direction Province wide on land use planning and development to promote strong communities a strong economy and a clean and healthy environment It includes policies on key issues that affect communities such as The efficient and wise use and management of land and infrastructure over the long term in

order to minimize impacts on air water and other resources Protection of the natural and built environment Building strong sustainable and resilient communities that enhance health and social wellshy

being by ensuring opportunities exist locally for employment Residential development promoting a mix of housing recreation parks and open space and

transportation choices that increase the use of active transportation and transit and Encouraging a sense of place in communities by promoting well-designed built form and by

conserving features that help define local character

The City of Toronto uses the PPS to guide its official plan and to inform decisions on other planning and development matters The PPS is issued under Section 3 of the Planning Act and all decisions of Council affecting land use planning matters shall be consistent with the Provincial Policy Statement

The Growth Plan for the Greater Golden Horseshoe (2017) provides a strategic framework for managing growth in the Greater Golden Horseshoe region including Setting minimum density targets within settlement areas and related policies directing

municipalities to make more efficient use of land resources and infrastructure to reduce sprawl cultivate a culture of conservation and promote compact built form and better-designed communities with high quality built form and an attractive and vibrant public realm established through site design and urban design standards

Directing municipalities to engage in an integrated approach to infrastructure planning and investment optimization as part of the land use planning process

Building complete communities with a diverse range of housing options public service facilities recreation and green space that better connect transit to where people live and work

Retaining viable employment lands and encouraging municipalities to develop employment strategies to attract and retain jobs

Minimizing the negative impacts of climate change by undertaking stormwater management planning that assesses the impacts of extreme weather events and incorporates green infrastructure and

Recognizing the importance of watershed planning for the protection of the quality and quantity of water and hydrologic features and areas

Like other provincial plans the Growth Plan for the Greater Golden Horseshoe (2017) builds upon the policy foundation provided by the Provincial Policy Statement (2014) and provides more specific land use planning policies to address issues facing the GGH region The policies of the Growth Plan take precedence over the policies of the PPS to the extent of any conflict except where the relevant legislation provides otherwise All decisions by Council affecting land use


planning matters are required by the Planning Act to conform or not conflict as the case may be with the Growth Plan

Staff have reviewed the proposed zoning amendment for consistency with the PPS and for conformity with the Growth Plan for the Greater Golden Horseshoe

Official Plan The site is identified as Employment Areas on Map 2 Urban Structure and is designated Core Employment Areas on Map 20 Land Use Plan (see Attachment 4) As stated in Policy 466 development in Employment Areas is to contribute to the creation of competitive attractive highly functional areas by

c) avoiding excessive car and truck traffic on the road system within Employment Areas and adjacent areas

d) providing adequate parking and loading on-site e) sharing driveways and parking areas wherever possible f) mitigating the effects of noise vibration dust odours or particulate matter that will be

detrimental to other businesses or the amenity of neighbouring areas g) providing landscaping on the front and any flanking yard and adjacent to any public parks

and open space to create an attractive streetscape and screening parking loading and service areas and

h) treating the boundary between Employment Areas and residential lands with landscaping fencing or other measures to minimize nuisance impacts

Site and Area Specific Policy 56 The property at 71-75 Curlew Drive is subject to Site and Area Specific Policy 56 (SASP 56) which also applies to lands municipally known as 61-89 Curlew Drive (excluding 74) and 1244 1250 and 1260 Lawrence Avenue East which are located in the vicinity of the site SASP 56 permits residential uses on the above-noted properties SASP 56 also limits the amount of gross floor area for office uses to 10 times the lot area and prohibits retail and service commercial uses on the above-noted properties Although residential uses are not permitted in Employment Areas andor Core Employment Areas Policy 567 in Chapter 5 of the Official Plan directs that in the case of a conflict between the policies of the Official Plan and the Site and Area Specific Policies contained in Chapters 6 and 7 the sitearea specific policy will prevail As such residential uses are permitted on the site

Public Realm The public realm policies in section 311 acknowledge the importance of the public realm and quality urban design in creating great communities and a great city Among other matters the policies aim to promote quality architectural landscape and urban design improve physical and visual access from public spaces of the Citys natural features and ensure that sidewalks and boulevards are designed to provide safe attractive interesting and comfortable spaces for pedestrians


Built Form The Built Form policies in section 312 of the Official Plan direct that new development in the City fit harmoniously within the existing andor planned context of the area This includes locating and organizing new development to frame and support adjacent streets parks and open spaces locating and organizing vehicle parking vehicular access service areas and utilities to minimize their impact on property and surrounding properties to improve the safety and attractiveness of adjacent streets parks and open spaces massing new development to define the edges of streets parks and open spaces in a way that respects the existingplanned street proportion providing for amenity for adjacent streets and open spaces and providing indoor and outdoor amenity space for residents of the new development

Policy 3121 directs that new development is to be located and organized to fit with its existing andor planned context and frame and support adjacent streets parks and open spaces to improve the safety pedestrian interest and casual views to these spaces from the development by

a) generally locating buildings parallel to the street or along the edge of a park or open space with a consistent front yard setback

b) locating main building entrances so that they are clearly visible and directly accessible from the public sidewalk and

c) providing ground floor uses that have views into and where possible access to adjacent streets parks and open spaces

Public Realm and Amenity Space As detailed in policy 3125 new development is to provide amenity for adjacent streets and open spaces to make these areas attractive interesting comfortable and functional for pedestrians by providing

a) improvements to adjacent boulevards and sidewalks respecting sustainable design elements which may include one or more of the following trees shrubs hedges plantings or other ground cover permeable paving materials street furniture curb ramps waste and recycling containers lighting and bicycle parking facilities

b) co-ordinated landscape improvements in setbacks to create attractive transitions from the private to public realms

c) weather protection such as canopies and awnings and d) landscaped open space within the development site

Policy 3126 requires that every significant new multi-unit residential development provide indoor and outdoor amenity space for residents of the new development

Parks The Parks and Open Space policies in section 3121 of the Official Plan aim to maintain enhance and expand the system of parks and open spaces which are a necessary element of city-building

Housing Section 321 of the Official Plan requires a full range of housing in terms of form tenure and affordability across the City and within neighbourhoods to be provided and maintained to meet the


current and future needs of residents The existing housing stock is to be maintained and replenished and new housing supply is encouraged through intensification and infill that is consistent with the policies of the Official Plan

Section 37 Section 511 of the Official Plan provides for the use of Section 37 of the Planning Act to secure community benefits in exchange for increased height and density for new development provided the development constitutes good planning is consistent with the policies and objectives of the Plan and complies with the built form policies and all applicable neighbourhood protection policies of the Plan The community benefit to be secured must bear a reasonable relationship to the increased height andor density of the proposed development and have an appropriate geographic relationship with the proposed development

The Toronto Official Plan is available on the Cityrsquos website at wwwtorontocaplanningofficial_planintroductionhtm

Official Plan Amendment 231 Official Plan Amendment 231 (OPA 231) was adopted by Council in December 2013 approved by the Minister of Municipal Affairs and Housing in July 2014 and portions of the amendment are under appeal at the Ontario Municipal Board

The site is designated Core Employment Area and is not subject to a site or area specific appeal to OPA 231 As noted above SASP 56 permits residential uses on the subject lands and is not impacted by OPA 231 Where a conflict exists between a site and area specific policy and the policies of the Official Plan the site and area specific policy prevails

More information about OPA 231 can be found here httpswwwtorontocacityshygovernmentplanning-developmentofficial-plan-guidelinesofficial-planofficial-plan-review

Design Guidelines for Infill Townhouses The purpose of the Citys Design Guidelines for Infill Townhouses (2003) is to clarify the Citys interest in addressing development impacts of townhouses with a focus on protecting streetscapes and seamlessly integrating new development with the existing context The Guidelines provide an evaluation framework with respect to site design location and organization as well as built form and public realm in order to achieve high quality urban design outcomes The Guidelines can be found at www1torontocacity_of_torontocity_planningurban_designfilespdftownhouseguidelinepdf

Townhouse and Low Rise Apartment Guidelines City staff have prepared updated City-wide design guidelines for townhouses and low-rise developments These guidelines will address infill townhouse developments as well as mid to larger sites and more complex and intense types of low-rise multi-unit development in terms of site context site organization building massing detailed design and private and public realm The guidelines build upon and once approved by City Council are intended to replace the Infill Townhouse Guidelines (2003) At its meeting of February 22 2018 the Planning and Growth Management Committee approved (and amended) the Townhouse and Low-Rise Apartment


Guidelines for use in the evaluation of current and new townhouse and low-rise apartment development applications The matter will be brought forward to the March 26 2018 meeting of City Council

More information on these guidelines can be found here httpswwwtorontocacity-governmentplanning-developmentofficial-plan-guidelinesdesignshyguidelinestownhouse-and-low-rise-apartments

Zoning The site is subject to two Zoning By-laws Under former City of North York Zoning By-law 7625 the subject site is zoned M1 Industrial Zone One (See Attachment 4a) The M1 zone permits a number of commercial industrial and institutional uses such as a place of worship but does not permit residential uses The maximum floor space index permitted in the M1 zone is 10 times the area of the lot and the maximum permitted height is 88 metres when within 20 metres of a lot line abutting a Residential Zone in all other areas the permitted maximum height is 15 metres

Under the City-wide Zoning By-law 569-2013 the subject site is zoned EL Employment Light Industrial (See Attachment 4b) The EL zone permits a variety of non-residential uses such as offices laboratories warehouses and certain types of manufacturing uses Residential uses are not permitted The maximum permitted gross floor area is 10 times the area of the lot and the maximum permitted height is 185 metres

Site Plan Control The proposed development is subject to Site Plan Approval An application for site plan approval was submitted with the rezoning application (File No 17 145896 NNY 34 SA) Final details are being reviewed on matters such as stormwater management site servicing building materials landscaping and fencing open space amenity space sustainability matters and streetscape details

Reasons for Application Amendments to the former City of North York Zoning By-law No 7625 and the City of Toronto Zoning By-law No 569-2013 are required as the zoning does not permit the proposed residential uses

The zoning by-law amendment is also required to permit the proposed gross floor area lot coverage setbacks separation distances height landscaped open space and the proposed amount of parking amongst other development standards

Community Consultation A community consultation meeting was held on June 14 2017 and attended by approximately 40 people The following comments and concerns were raised density and scale of development lack of open space existing traffic operations and traffic safety on Curlew Drive


possibility for pedestrian crossings on Curlew Drive should involve more architectural variety onto streetscape planning process and role of community input preference for low-rise height whether proposed parking supply and visitor parking supply was adequate and ability for local schools to accommodate additional school-aged children

In addition several emails were submitted also expressing concern with the existing traffic operations and pedestrian safety along Curlew Drive as well as the issue of the proximity to the rail line

Following the community consultation meeting and discussions with staff the proposal was revised to include a public park

Agency Circulation The application was circulated to all appropriate agencies and City divisions Responses received have been used to assist in evaluating the application and to formulate appropriate By-law standards

COMMENTS

Provincial Policy Statement and Provincial Plans City Planning staff has reviewed the proposed zoning amendment with the PPS and Growth Plan for the Greater Golden Horseshoe

These policy documents set the policy foundation for regulating the development and use of land on matters of provincial interest The site is located in a built-up area and accommodates a compact urban form The proposal is compatible with the surrounding land uses and will make efficient use of land resources infrastructure and public service facilities The proposed development is consistent with the PPS and conforms to the Growth Plan for the Greater Golden Horseshoe

Land Use The application proposes residential intensification of a vacant lot in a built up area that includes a diverse mix of uses The residential use is permitted by the Site and Area Specific Policy 56 in the Official Plan Many of the surrounding uses are residential uses including a four-storey residential apartment building directly opposite the site on Curlew Drive and a condominium townhouse development north of the site on Curlew Drive On either side of the subject site are places of worship and schools which are compatible and supportive uses for the proposed residential use A fire station is located two properties to the north of the site Further to the south of the site on the east side of Curlew Drive are an office building a medical office building and a commercial martial arts school Heavy industry is not permitted in the zoning by-law and these properties are also subject to Site and Area Specific Policy 56 which permits residential uses The application represents an appropriate approach to the redevelopment of the site as the proposed


built form is compatible with the adjacent residential and commercial uses with regard to height setbacks and dwelling type

With respect to the adjacent CP Rail track the applicant is proposing a rear yard setback of 20 metres along with a seven metre high crashdeflection wall adjacent to the CP rail corridor abutting the property to the west CP Rail has advised that they do not object to the rezoning application moving forward at this time and that any potential stormwater management matters can be addressed through the Site Plan Control process The City has obtained a peer reviewer to review the applicants rail safety study and the proposed crash deflection wall The peer reviewer has requested some revisions to the design of the wall including the provision of wall returns which do not impact the building envelope or zoning standards for the site and will be secured as part of the Site Plan Approval process The peer reviewer has no objection to the proposed use or proposed separation distance provided his requested revisions are incorporated into the Site Plan Approval process Balconies that were proposed within the rail yard setback will need be removed as part of the site plan control process and the zoning by-law amendment does not permit balconies into the rear yard setback As the site was previously used for industrial purposes a Record of Site Condition (RSC) will be required at the Building Permit stage

Noise As part of the application the applicant provided a Noise and Vibration Feasibility Study to address the noise from the CP rail line The study recommends that noise mitigation measures such as the inclusion of air conditioning in all units and the use of upgraded window and door materials in the proposed development The study also recommends that the standard warning clauses regarding potential noise impacts be included in purchase and sale agreements to address the noise from the CP rail line Notice of these clauses will be incorporated into the conditions of site plan approval

Density Built Form Massing The Official Planrsquos built form policies indicate that new development should be designed to fit with its existing andor planned context frame and support adjacent streets parks and open spaces and limit its impact on neighbouring streets parks and properties The proposal for the four and half storey stacked and back-to-back townhouses at a proposed density of 154 times the area of the lot is appropriate as the proposal fits the character and scale of the area A four-storey apartment building is located directly across the street on Curlew Drive The proposed low-rise building form providing two and three bedroom units provides for an appropriate intensification of the lands The park and townhouse buildings frame the street as the end units of the townhouse buildings have entrances facing the street and are directly accessible from the public sidewalk The townhouse buildings are oriented perpendicular to Curlew Drive providing visibility to the dwellings in the interior of the site and ensuring pedestrian circulation throughout the site An outdoor common open space is located to the rear of the site providing additional greening and open space for the residents All vehicle parking is located underground and the loading area is to the rear of the site thereby minimizing the impact on the public realm and adjacent properties

The townhouse buildings contain four storeys of living space and the half or fifth storey only provides access to the rooftop terraces above the fourth level The separation distance between the townhouse blocks provides for pedestrian mews and connections throughout the site The proposal


provides appropriate screening to the adjacent properties and the new public park The location and materials of the parking level exitentrances railings and rooftop amenity areas will be secured through the Site Plan Control process

The proposed development meets the intent of the draft Townhouse and Low-Rise Apartment Guidelines in that the proposed development has incorporated a number of the guidelines in its design In regards to Section 3 of the Guidelines Site Organization the pedestrian mews have minimum walkway dimensions of 21 metres are landscaped and provide pedestrian scale lighting Common outdoor amenity space for the enjoyment of the residents is provided in addition to the public park Parking garage ramps have been incorporated into the building Although there are external access stairs within the pedestrian mews as part of the site plan approval process two of the access stairs encroaching into the front yard will need to be setback and where possible integrated into the buildings

With respect to Section 4 Building Design the dwelling units that front onto Curlew Drive are oriented towards Curlew Drive and obtain direct pedestrian access from the street For buildings that are approximately 35 ndash 4 storeys or higher the Guidelines direct a minimum facing distance between buildings of 15 metres The two most northern buildings do have a separation distance of 15 metres however the remaining blocks have a minimum separation distance of 12 metres The main building face height for the townhouse blocks is approximately 129 metres to the top of the parapet wall Above this height are the rooftop terraces As the horizontal separation distance is in keeping with the vertical height of the building face a 1 to 1 relationship between the separation distance and the height is generally maintained which provides for access to sunlight Private outdoor amenity space is provided in the form of balconies and rooftop terraces As well common indoor amenity space is also being provided

Section 5 of the Guidelines addresses pedestrian realm elements The proposed development has organized utilities and building equipment so that there is less visual and physical clutter in the open space areas and the pedestrian mews Landscaping will be secured through the Site Plan Approval process and includes appropriate plant materials species and soil volumes With respect to the architecture the Guidelines recommend rooftop amenity and privacy screening be designed so that they do not add to the overall height and mass of the building which has been addressed in this proposed development The Guidelines also recommend that the design and articulation of each building faccedilade be varied to provide visual interest and respond to site conditions The introduction of the public park and the relocation of the access driveway has introduced some variety to the streetscape As part of the Site Plan process further architectural details such as building material and articulation variation will be required High quality materials will be secured as part of the Site Plan Control process

Traffic Impact Access Parking The applicant has submitted a Transportation Considerations Report and an update report with the revised application to reflect the projected future traffic conditions in the site environs The consultant estimates in this study that the proposed development will generate approximately 70 and 55 new two-way trips during the AM and PM peak hours respectively and that the site related traffic can be acceptably and appropriately accommodated on the road area network The Transportation Considerations Report has been accepted by Transportation Services staff


With respect to parking a total of 233 parking spaces are proposed to be provided in one level of underground parking A total of nine accessible parking spaces are provided and are located adjacent to the resident elevators on the site that provides access to the ground floor Transportation Services staff are recommending that the parking for this project be provided in accordance with the Policy Area 4 parking requirements of Zoning By-law 569-2013 with the possibility for a reduction in parking spaces should the applicant provide appropriate Transportation Demand Management (TDM) provisions Under the Policy Area 4 requirements the applicant is providing the required number of visitor parking spaces however the resident parking supply is deficient by 18 parking spaces TDM measures to offset the reduced number of vehicle parking spaces will be secured as part of the Site Plan approval process

Regarding bicycle parking spaces the applicant is providing the required number of bicycle parking spaces as required by the Zoning By-law and the Toronto Green Standard A total of 153 resident bicycle parking spaces are provided in secure lockers in the underground parking garage and 16 visitor bicycle parking spaces are provided for at grade along the rear of the property The appropriate location and design of the bicycle parking spaces will be finalized through the site plan approval process

Vehicular access to the site is proposed via a six metre wide private driveway from Curlew Drive Transportation Services staff find the proposed access acceptable but have requested revisions to the design including that the driveway curb radii at the driveway entrance be revised to 50 metres and that transition from the site to the existing sidewalk be illustrated on the site plan in order to ensure a consistent sidewalk from the reconstructed sidewalk to the existing sidewalk which will be secured as part of the Site Plan Approval process

In response to community concerns Transportation Services staff have analysed whether an all-ways stop sign is warranted at Curlew Drive and Rialto Drive Based on vehicle volume alone the warrant analysis for an additional stop sign was not triggered However a stop sign would also have the benefit of providing for an appropriate pedestrian crossing for residents as the closest pedestrian crossing to the west side of Curlew Drive is at the signalized intersection of Curlew Drive and Lawrence Avenue East As such City Planning are recommending that the applicant work with the City through the Site Plan Approval process to continue exploring the feasibility of the installation of the all-way stop sign at Curlew Drive and Rialto Drive with the costs to be borne by the applicant

Servicing The applicant has submitted a Functional Servicing Report Stormwater Management Report and Hydrogeology report in support of the application which has been reviewed and accepted by Engineering and Construction Services staff The report concludes that the site can be adequately serviced in accordance with City standards Engineering and Construction Services staff has advised that further details regarding site grading and drainage will be addressed through the Site Plan Approval process As CP Rail advised that any potential stormwater management matters can be addressed through the Site Plan Control process Engineering and Construction Services recommend that an advisory comment be included in the Section 37 Agreement to advise that should CP Rail not accept any proposed grade alterations there may be impacts to the approved


built form that would require amendments to the zoning by-law Planning Staff have included this advisory comment in the recommendations for items to be secured in the Section 37 Agreement

Amenity Space Each townhouse unit has its own private outdoor amenity area The upper level units all have outdoor rooftop terrace spaces on the top of the fourth level and balconies on the third level The lower level units have a private outdoor patio at grade and balconies at the second floor With respect to indoor amenity area the development includes a 1115 m2 (1200 square feet) indoor amenity space housed in one of the apartment block units located closest to the rear yard In addition the proposal includes a common outdoor space of 600 m2 located in the rear yard of the development for the use of the residents The amount of indoor and outdoor amenity space has been secured as part of the draft zoning by-law amendments while the details such as outdoor landscaping will be further refined and secured through the site plan approval process

Open Space Parkland The Official Plan contains policies to ensure that Torontos system of parks and open spaces are maintained enhanced and expanded Map 8B of the Toronto Official Plan shows local parkland provisions across the City The lands which are the subject of this application are in an area with 157 to 299 hectares of local parkland per 1000 people The site is in the second highest quintile of current provision of parkland The site is in a parkland acquisition priority area as per Chapter 415 Article III of the Toronto Municipal Code

At the alternative rate of 04 hectares per 300 units specified in Chapter 415 Article III of the Toronto Municipal Code the parkland dedication requirement is 29867 m2 or 235 of the site area However for sites that are 1 to 5 hectares in size a cap of 15 of the development site is applied to the residential use In total the parkland dedication requirement is 1908 m2 or 15 of the net site area The applicant is proposing to convey an approximately square shaped 570 m2

park with frontage on Curlew Drive at the southwest corner of the site The proposed park represents approximately 45 of the required 15 parkland dedication The remaining parkland dedication contribution is proposed to be satisfied through cash-in-lieu payment

Parks staff recommend that the full 15 parkland dedication be provided on-site However if the proposed parkland dedication as submitted by the applicant is approved Parks is interested in securing the design and construction by the Owner of Above Base Park Improvements In reviewing the application and balancing competing matters such as appropriate rail yard setbacks and built form standards City Planning staff are recommending that the proposal for the on-site park of 570 m2 with the remainder of the required parkland dedication provided as cash-in-lieu be approved This proposal has been agreed to by the applicant as demonstrated by their revised submission The proposed park is of a usable size and is in an optimal location adjacent to an existing outdoor space and can be expanded should the property to the south be redeveloped Broadlands Park is a large park with tennis courts baseball diamond and community centre that is approximately 1 km away however having a smaller park closer to the proposed development will be of benefit to both new and existing residents in the area and provide additional green space in this location The proposed park provides an important break in the streetscape along the 160 metre frontage that this property has along Curlew Drive The conditions of the parkland conveyance will be included in the Site Plan Agreement


Tree Preservation The revised Arborist Report submitted with the revised proposal indicates that there are five City-owned trees in the Citys right-of-way along the frontage of the site one of which is proposed to be removed The applicant will be required to submit an application to injure or remove a private tree and also provide compensation for the amenity value of the lost tree In order to ensure the protection of the remaining City-owned trees Urban Forestry will require the submission of a Tree Survival Guarantee Deposit

With respect to the private trees on site the Arborist Report indicates that eight private trees having diameters of 30 cm or greater exist on site that are proposed to be removed as part of the development An application to injure or destroy private trees will also be required and a notice of application will need to be posted on the site for 14 days Based on the standard requirement Urban Forestry will require 24 new trees to replace the eight private trees The Planting Plan submitted proposes the plating of 21 large canopy growing replacement trees on-site Cash in lieu for the three replacement trees not proposed to be planted will be required

Streetscape The design of the proposal would result in an attractive pedestrian-oriented streetscape with a park fronting onto Curlew Drive and the townhouse buildings oriented perpendicular to Curlew Drive providing access and views into the site Within the Curlew Drive right-of-way 11 new street trees will be planted (for a total of 16 trees along Curlew Drive) The applicant will be responsible for installing a new 21 metre wide sidewalk along the Curlew Drive frontage The front yard setback along Curlew Drive is 30 metres The front yard will include landscaping and the patios for the lower level units Exit stairwells are proposed within two of the pedestrian mews along the front yard but will be relocated outside of the front yard through the site plan approval process

Toronto Green Standard In 2013 City Council updated the two-tiered Toronto Green Standard (TGS) that was adopted by City Council on October 27 2009 The TGS is a set of performance measures for green development Tier 1 is required for new development Tier 2 is a voluntary higher level of performance with financial incentives Achieving the Toronto Green Standard will improve air and water quality reduce green house gas emissions and enhance the natural environment

The applicant is required to meet Tier 1 of the TGS The site specific zoning by-law will secure performance measures for the following Tier 1 development features landscaped open space and securing bicycle parking spaces both below grade and above grade Other applicable TGS performance measures such as tree species soil volumes and stormwater management will be secured through the Site Plan Approval process

Schools The Toronto District School Board has advised that there is insufficient space at the local schools to accommodate students anticipated from the proposed development and others in the area The school board has requested that as a condition of approval the applicantdeveloper enter into an agreement to erect and maintain signs advising that sufficient accommodation at local schools


may not be available for all students and also include warning clauses in all offers of purchase and sale of the residential units to the effect that students may be accommodated in facilities outside the area and policies on busing These conditions will be included as part of the site plan approval process

Tenure The development is proposed as a condominium development as there are a number of common elements including the underground parking garage and amenity areas and walkways through the site An application for a standard condominium will be required

Section 37 Section 37 of the Planning Act authorizes a municipality to permit increases in height andor density above that permitted in the applicable zoning by-law in return for the provision of community benefits by the owner The community benefits must bear a reasonable planning relationship to the proposed development including at a minimum an appropriate geographic relationship and addressing planning issues associated with the development

Following negotiations with planning staff with input from the local councillor the applicant has agreed to provide a financial contribution in the amount of $750000 to be used for the installation of a splash pad and pathway access improvements at Broadlands Park located at 19 Castlegrove Boulevard This payment would be required prior to the issuance of the first above-grade building permit for the development

The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development



Conclusion The proposed rezoning is appropriate for this site as it provides an appropriate built form in the context of the surrounding area on a vacant site formerly used as employment Appropriate measures are being taken to ensure compatibility and safety from the adjacent CP Rail corridor including an accepted separation distance and deflection wall The proposed development includes an appropriate amount of new landscaped open space as well as indoor and outdoor amenity space for the residents In addition the proposed development includes a new 570 square metre public


_______________________________

park that will be of benefit to new and existing residents in the area Planning staff recommend approval of the rezoning application

CONTACT Valeria Maurizio Planner Tel No 416-395-7052 Fax No 416-395-7155 E-mail ValeriaMauriziotorontoca

SIGNATURE

Joe Nanos Director Community Planning North York District

ATTACHMENTS Attachment 1 Site Plan Attachment 2a West Elevation A Attachment 2b West Elevation B Attachment 2c South Elevation Attachment 2d East Elevation A Attachment 2e East Elevation B Attachment 2f North Elevation Attachment 3 Official Plan Attachment 4a Zoning By-law No 7625 Attachment 4b Zoning By-law No 569-2013 Attachment 5 Application Data Sheet Attachment 6 Draft Zoning By-law Amendment ndash By-law No 7625 Attachment 7 Draft Zoning By-law Amendment ndash By-law No 569-2013


Attachment 1 Site Plan


Attachment 2a West Elevation A


Attachment 2b West Elevation B


Attachment 2c South Elevation


Attachment 2d East Elevation A


Attachment 2e East Elevation B


Attachment 2f North Elevation


Attachment 3 Official Plan


Attachment 4a Zoning By-law No 7625


Attachment 4b Zoning By-law No 569-2013


Attachment 5 Application Data Sheet

Application Type Rezoning Application Number 17 145887 NNY 34 OZ

Details Rezoning Standard Application Date April 19 2017

Municipal Address 71 CURLEW DR

Location Description PLAN M766 PT BLK MM RP R513 PART 1 RP R787 PART 1 RP R1016 PART 1 GRID N3404

Project Description A 222 unit 45 storey stacked back to back town house proposal with 1 storey below grade parking structure 233 parking spaces are proposed

Applicant Agent Architect Owner

Curlew Park Inc SHERMAN BROWN Page amp Steele IBI Group Same as Applicant 2225 Sheppard Avenue East 5075 Yonge Street Suite 900 Architects Suite 1100 Toronto ON M2N 6C6 55 St Clair Ave West 7th Toronto ON M2J 5C2 Floor

Toronto ON M4V 1N5

PLANNING CONTROLS

Official Plan Designation Employment Areas Site Specific Provision Y (SASP 56)

Zoning EL 10 Historical Status N

Height Limit (m) 15 Site Plan Control Area Y

PROJECT INFORMATION

Site Area (sq m) 12787 Height Storeys 45

Frontage (m) 16175 Metres 15

Depth (m) 8114

Total Ground Floor Area (sq m) 49025 Total

Total Residential GFA (sq m) 19575 Parking Spaces 233

Total Non-Residential GFA (sq m) 0 Loading Docks 1

Total GFA (sq m) 19575

Lot Coverage Ratio () 385

Floor Space Index 154

DWELLING UNITS FLOOR AREA BREAKDOWN (upon project completion)

Tenure Type Condo Above Grade Below Grade

Rooms 0 Residential GFA (sq m) 19575 0

Bachelor 0 Retail GFA (sq m) 0 0

1 Bedroom 0 Office GFA (sq m) 0 0

2 Bedroom 130 Industrial GFA (sq m) 0 0

3 + Bedroom 92 InstitutionalOther GFA (sq m) 0 0

Total Units 222

CONTACT PLANNER NAME Valeria Maurizio Planner

PHONE EMAIL (416) 395-7052 or ValeriaMauriziotorontoca


Attachment 6 Draft Zoning By-law Amendment to By-law No 7625

Authority North York Community Council Item ~ as adopted by City of Toronto Council on ~ 20~

Enacted by Council ~ 20~

CITY OF TORONTO Bill No ~

BY-LAW No ~-20~

To amend ~ Zoning By-law No7625 as amended With respect to the lands municipally known as

71 -75 Curlew Dr

Whereas Council of the City of Toronto has the authority to pursuant to Section 34 of the Planning Act RSO 1990 c P 13 as amended to pass this By-law and

Whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act and

Whereas the Official Plan for the City of Toronto contains provisions relating to the authorization of increases in height and density of development

Whereas pursuant to Section 37 of the Planning Act a by-law under Section 34 of the Planning Act may authorize increases in the height and density of development beyond those otherwise permitted by the by-law and that will be permitted in return for the provision of such facilities services or matters as are set out in the by-law and

Whereas subsection 37(3) of the Planning Act provides that where an owner of land elects to provide facilities services and matters in return for an increase in the height or density of development the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities services and matters and

Whereas the owner of the aforesaid lands has elected to provide the facilities services and matters hereinafter set out and

Whereas the increase in density permitted beyond that otherwise permitted on the aforesaid lands by By-law No 569-2013 as amended is permitted in return for the provision of the facilities services and matters set out in this By-law which is secured by one or more agreements between the owner of the land and the City of Toronto

The Council of the City of Toronto HEREBY ENACTS as follows

1 Schedules ldquoBrdquo and ldquoCrdquo of By-law 7625 of the former City of North York are amended in accordance with Schedule ldquo1rdquo of this By-law

Staff report for action ndash Final Report ndash 71 -75 Curlew Drive 30

2 Section 6419 of By-law 7625 is amended by adding the following subsection

ldquo6419 (33) RM4 (33)rdquo

(a) Notwithstanding any other provisions of By-law 7625 to the contrary the following provisions shall apply to the site subject to this By-law

DEFINITIONS

For the purposes of this exception the following definitions shall have the following meaning

(b) established grade shall mean 15590 metres Canadian Geodetic Datum

(c) apartment house dwelling shall mean a building containing more than four (4) dwelling units with at least one dwelling unit entirely or partially above another and each dwelling unit has a separate access externally or from a common areacorridor and may be located partially below established grade

(d) temporary sales centre shall mean a building structure facility or trailer to be erected on the lands and used for the purpose of the sale of dwelling units andor the administration and management of construction activity related to construction on the lands

(e) bicycle parking space ndash residential shall mean an area that is equipped with a bicycle rack or locker for the purpose of parking and securing bicycles and

(i) Where the bicycles are to be parked on a horizontal surface has horizontal dimensions of at least 06 metres by 18 metres and a vertical dimension of at least 19 metres

(ii) Where the bicycles are to be parked in a vertical position has horizontal dimensions of at least 06 metres by 12 metres and a vertical dimension of at least 19 metres

(iii) In the case of a bicycle rack or locker is located in a secured room or area and

(iv) if a stacked bicycle parking space is provided the minimum vertical clearance for each bicycle parking space is 12 metres

(f) bicycle parking space ndash visitor shall mean means an area that is equipped with a bicycle rack or locker for the purpose of parking and securing bicycles and




(iii) May be located indoors or outdoors including within a secured room or enclosure and


PERMITTED USES

(g) For the lands shown as RM4(33) on Schedule ldquo1rdquo the only permitted uses shall be apartment house dwellings and uses accessory thereto and a temporary sales centre

EXCEPTION REGULATIONS

MAXIMUM GROSS FLOOR AREA

(h) Notwithstanding Section 1935 the maximum gross floor area shall not exceed 20765 square metres

MAXIMUM NUMBER OF DWELLING UNITS

(i) The permitted maximum number of dwelling units is 222

YARD SETBACKS

(j) Notwithstanding Section 1934 the minimum yard setbacks for all buildings and structures above shall be as shown on Schedule RM4(33)

(k) No part of any building or structure erected or used above finished ground level shall be located otherwise than wholly within the area delineated by the heavy lines of Schedule RM4(33)

(l) Notwithstanding Section 6(9) of the By-law and except where a heavy line on Schedule ldquoRM4 (33)rdquo is contiguous with a boundary of the site nothing in section 6(9) shall prevent the following building elements or structures from projecting into the minimum front yard setback side yard setback or distance between buildings as shown on Schedule RM4(33)

(i) decks porches and platforms to a maximum of 15 metres


(ii) awnings and canopies to a maximum of 15 metres (iii) exterior stairs pedestrian access ramp and elevating device up to a

maximum of 15 metres (iv) architectural features masonry features and eaves to a maximum of

09 metres (v) balconies to a maximum of 15 metres (vi) window projections and bay windows to a maximum of 06 metres (vii) vents and pipes to a maximum of 06 metres (viii) ornamental non-structural window frames to a maximum of 11

metres

(m) Notwithstanding Section 6(9) of the By-law and except where a heavy line on Schedule ldquoRM4 (33)rdquo is contiguous with a boundary of the site nothing in section 6(9) shall prevent the following building elements or structures from projecting into the minimum rear yard setback as shown on Schedule RM4(33)

(i) awnings and canopies to a maximum of 15 metres (ii) exterior stairs pedestrian access ramp and elevating device up to a

maximum of 15 metres (iii) architectural features masonry features and eaves to a maximum of

09 metres (iv) vents and pipes to a maximum of 06 metres (v) railings to a maximum of 05 metres and (vi) ornamental cladding and non-structural window frames to a

maximum of 11 metres

(n) Notwithstanding Section 1934 the minimum front yard setback side yard setback and rear yard setback for an underground parking garage may be 00 metres

BUILDING HEIGHT

(o) Notwithstanding Section 1936 the building height of all buildings on the lot shall not exceed the maximum height in metres following the letters HT as shown on Schedule RM4(33) with the exception of the following

(i) external elevating devices external stairs and associated enclosures garbage enclosures guardrails balustrades and railings leading to an underground parking garage to a maximum of 50 metres and

(ii) privacy screens utility enclosures and parapets on the roof of a building to a maximum of 15 metres

RECREATIONAL AMENITY AREA

(p) Recreational amenity space will be provided in accordance with the following minimum requirements


(i) A minimum of 600 square metres of outdoor recreational amenity area is required and

(ii) A minimum of 1115 square metres of indoor recreational amenity area is required

DISTANCE BETWEEN BUILDINGS

(q) The minimum distance between buildings or portions thereof shall be as shown on ldquoRM4 (33)rdquo

REQUIREMENTS FOR ACCESSORY BUILDINGS

(r) Notwithstanding Section 6(23) of By-law 7625 as amended accessory buildings are permitted

PARKING

(s) Notwithstanding Section 6A(2) parking spaces for apartment house dwellings shall be provided and maintained in accordance with the following minimum requirements

(i) 200 parking spaces for the residents of the dwelling units and (ii) 33 parking spaces for visitors of the dwelling units

BICYCLE PARKING SPACES

(t) Bicycle parking spaces shall be providing within the site in accordance with the following requirements for 222 dwelling units

(i) bicycle parking spaces - Resident a minimum of 153 bicycle parking spaces shall be provided and

(ii) bicycle parking spaces - Visitor a minimum of 16 bicycle parking spaces shall be provided

LANDSCAPED OPEN SPACE

(u) Notwithstanding Section 158 (a-c) a minimum of 5800 square metres of landscaped open space which is inclusive of paths patios walkways permeable pavers and soft landscaping shall be provided on the lot

SECTION 37

(v) Pursuant to Section 37 of the Planning Act and subject to compliance with this Byshylaw the increase in density of the development is permitted beyond that otherwise permitted on the lands shown on Schedule 1 in return for the provision by the owner at the ownerrsquos expense of the facilities services and matters set out in Schedule A


hereof and which are secured by one or more agreements pursuant to Section 37(3) of the Planning Act that are in a form and registered on title to the lands to the satisfaction of the City Solicitor

(w) Where Schedule A of this By-law requires the owner to provide certain facilities services or matters prior to the issuance of a building permit the issuance of such permit shall be depended on satisfaction of the same

(x) The owner shall not use or permit the use of a building or structure erected with an increase in density pursuant to this By-law unless all provisions of Schedule A are satisfied

LAND DIVISION

(y) Notwithstanding any existing or future severance partition or division of the site the provisions of this By-law shall continue to apply to the whole of the site as if no severance partition or division occurred

PROVISIONS NOT APPLICABLE

(z) The provisions of Section 6A(5)(b)(vii) 6A(8)(e) 6A(16)(c)(i) 6(23)(a)(i)(C) 6(23)(a)(ii)(C) 6(23)(a)(iv) 6(24)(a) 6(24)(d)(ii) 1932 1933 1934 1935 and 1936 and shall not apply

OTHER PROVISIONS

(aa) Within the lands shown on Schedule 1 attached to this By-law no person shall use any land or erect or use any building or structure unless the following municipal services are provided to the lot line and the following provisions are complied with

(a) all new public roads have been constructed to a minimum of base curb and base asphalt and are connected to an existing public highway and

(b) all water mains and sanitary sewers and appropriate appurtenances have been installed and are operational

3 Section 6419 of By-law No 7625 is amended by adding Schedule RM4(33) attached to this By-law

ENACTED AND PASSED this ~ day of ~ AD 2018

FRANCES NUNZIATA ULLI S WATKISS Speaker City Clerk

(Seal of the City)


Schedule A Section 37 Provisions

The facilities services and matters set out below are required to be provided to the City at the owners expense in return for the increase in density of the proposed development on the lands as shown in Schedule 1 in this By-law and secured in an agreement or agreements under Section 37(3) of the Planning Act whereby the owner agrees as follows


ii The financial contribution referred to in subsection i shall be indexed upwardly in accordance with the Statistics Canada Non-Residential or ApartmentshyBuilding-Construction Price Index for Toronto calculated from the date of the Section 37 Agreement to the date the payment is made

iii In the event the cash contribution referred to in Section i has not been used for the intended purpose within three (3) years of this By-law coming into full force and effect the cash contribution may be redirected for another purpose at the discretion of the Chief Planner and Executive Director of City Planning in consultation with the local Councillor provided that the purposes are identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands


i Prior to the issuance of Notice of Approval Conditions for the Site Plan application the Owner shall submit a revised rail safety study derailment plan for peer review by the Cityrsquos peer reviewer and to the satisfaction of the Chief Planner and Executive Director of City Planning and shall incorporate all measures into the plans and drawings submitted in the context of site plan approval pursuant to s114 of the City of Toronto Act 2006 as amended and s41 of the Planning Act as amended and as applicable

ii In the event that the proposed grade alterations are not accepted by CP rail the Owner acknowledges that redesign of the grading and servicing requirements may be required In this regard the Owner acknowledges that revisions to the built form of the Development may be required together with the new zoning application to accomplish a redesign of the proposed grading and servicing approach




Attachment 7 Draft Zoning By-law Amendment to By-law 569-2013

Authority North York Community Council Item ~ as adopted by City of Toronto Council on ~ 2018

Enacted by Council ~ 2018

CITY OF TORONTO BY-LAW No ~-2018

To amend City of Toronto Zoning By-law No 569-2013 as amended with respect to the lands municipally known as 71-75 Curlew Drive in the year 2018

Whereas Council of the City of Toronto has the authority to pass this By-law pursuant to Section 34 of the Planning Act RSO 1990 c P13 as amended and

WHEREAS Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act

Whereas the Official Plan for the City of Toronto contains such provisions relating to the authorization of increases in height and density of development and

Whereas pursuant to Section 37 of the Planning Act a by-law under Section 34 of the Planning Act authorize increases in the height or density of development beyond those otherwise permitted by the by-law and that will be permitted in return for the provision of such facilities services or matter as are set out in the by-law and

Whereas subsection 37(3) of the Planning Act provides that where an owner of land elects to provide facilities services and matters in return for an increase in the height or density of development a municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities services and matters and


Whereas the increase in height and density permitted beyond that otherwise permitted on the aforesaid lands by By-law 569-2013 as amended are to be permitted in return for the provision of the facilities services and matters set out in this By-law which are secured by one or more agreements between the owner of the land and the City of Toronto and

Whereas pursuant to Section 39 of the Planning Act the council of a Municipality may in a by-law passed under section 34 of the Planning Act authorize the temporary use of land buildings or structures for any purpose set out therein that is otherwise prohibited by the by-law and

The Council of the City of Toronto HEREBY ENACTS


1 The lands subject to this By-law are outlined by heavy lines on Diagram 1 attached to this By-law

2 The words highlighted in bold type in this By-law have the meaning provided in Zoning By-law 569-2013 Chapter 800 Definitions

3 Zoning By-law No 569-2013 as amended is further amended by amending the zone label on the Zoning By-law Map in Section 99010 respecting the lands outlined by heavy lines to O and RM (xXXX) as shown on Diagram 2 attached to this By-law

4 Zoning By-law No 569-2013 as amended is further amended by adding Article 900610 Exception Number XXX so that it reads

Exception RM XXX

The lands or a portion thereof as noted below are subject to the following Site Specific Provisions Prevailing By-laws and Prevailing Sections

Site Specific Provisions

(B) On the lands municipally known as 71 and 75 Curlew Drive in 2018 if the requirements in Section 5 and Schedule A of By-law [Clerks to provide byshylaw ] are complied with none of the provisions of 10804010(1) and 10804040(1) apply to prevent the erection or use of a building structure addition or enlargement permitted in compliance with (B) to (DD) below

(C) Despite regulation 10803020(1) the required minimum lot frontage is 135 metres

(D) The permitted maximum number of dwelling units is 222

(E) Despite regulation 10804040 (1) the permitted maximum gross floor area is 19600 square metres

(F) Despite regulation 1054010 (1) the height of a building or structure on the lands is measured as the vertical distance between the Canadian Geodetic Datum elevation of 15590 metres and the highest point of the building or structure

(G) Despite 10804010 (1) the permitted maximum height for a building or structure is the numerical value in metres following the letters HT as shown on Diagram 3 attached to By-law [NTD City Clerk to provide By-law ]


(H) Despite (F) above and regulation 1054010 (4) privacy screens utility enclosures and parapets on the roof of a building may exceed the permitted maximum height as shown on Diagram 3 attached to By-law [NTD City Clerk to provide By-law ] to a maximum of 15 metres

(I) Despite (F) above external elevating devices external stairs and associated enclosures guardrails balustrades and railings leading to an underground parking garage which are permitted to encroach into the required building setbacks and separation distances may have a height no greater than 50 metres

(J) Despite Clause 10804070 the required minimum building setbacks for all buildings and structures are as shown on Diagram 3 attached to By-law [NTD City Clerk to provide By-law ]

(K) Despite (I) above and regulation 5104070 (2) no minimum front yard setback side yard setback or rear yard setback is required for any part of an underground parking garage

(L) Despite Clause 10804080 the required minimum above-ground separation distance between the main walls of buildings is as shown on Diagram 3 attached to By-law [NTD City Clerk to provide By-law ]

(M) Despite (I) and (K) above and despite regulation 1054050(2) and Clause 1054060 the following may encroach into the required minimum front yard setback minimum side yard setback or separation distances shown on Diagram 3 of By-law [Clerks to supply by-law ] as follows

(i) decks porches platforms and privacy screens to a maximum of 15 metres



09 metres (v) balconies to a maximum of 15 metres (vi) window projections and bay windows to a maximum of 06 metres (vii) vents and pipes to a maximum of 06 metres and (viii) ornamental non-structural window frames to a maximum of 11

metres

(N) Despite (I) above and despite regulation 1054050(2) and Clause 1054060 the following may encroach into the required minimum rear yard setbacks as shown on Diagram 3 of By-law [Clerks to supply by-law ] as follows

(vii) awnings and canopies to a maximum of 15 metres


(viii) exterior stairs pedestrian access ramp and elevating device up to a maximum of 15 metres

(ix) architectural features masonry features and eaves to a maximum of 09 metres

(x) vents and pipes to a maximum of 06 metres (xi) railings to a maximum of 05 metres and (xii) ornamental non-structural window frames to a maximum of 11

metres

(O) Despite regulation 1055010 (4) and (6) the minimum required landscaping on the lot is 5800 square metres and a minimum of 2900 square metres of the required landscaping must be soft landscaping

(P) Despite regulations 1056020(2) and (3) the required minimum building setbacks and separation distances for ancillary buildings or structures are as shown on Diagram 3 attached to By-law [NTD City Clerk to provide By-law ]

(Q) Despite regulation 1056040(1) the height of an ancillary building or structure is measured as the vertical distance between the Canadian Geodetic Datum elevation of 15590 metres and the highest point of the ancillary building or structure

(R) Despite regulation 1056040(2) the permitted maximum height for an ancillary building or structure is the numerical value in metres following the letters HT as shown on Diagram 3 attached to By-law [NTD City Clerk to provide By-law ]

(S) Regulation 1056050(2) with respect to the maximum gross floor area of ancillary buildings or structures does not apply

(T) Despite (O) (Q) and (R) above and regulation 1051501 (1) ancillary buildings or structures for the purposes of waste bin collection and storage are permitted

(U) Despite regulation1056060(1) eaves of a roof of an ancillary building may encroach into the required minimum building setback a maximum of 03 metres

(V) Despite regulation 1051001(4) a driveway may have a maximum total width of 70 metres

(W) Regulations 1051001 (5) (7) and (8) with respect to driveway access do not apply

(X) A minimum of 600 square metres of outdoor amenity space is required


(Y) A minimum of 1115 square metres of indoor amenity space is required

(Z) Despite Table 2005101 the required minimum number of parking spaces is


(AA) Regulations 200151(4) 2001515 (1) and 20015154 (2) with respect to location of accessible parking spaces do not apply

(BB) Regulation 2305101(2) respecting short term bicycle parking rates does not apply

(CC) Regulation 23010120 (2) with respect to location of short-term bicycle parking spaces does not apply and

(DD) A temporary sales office is permitted in a building on these lands for a period of 3 years beginning from the date of the passing of By-law [NTD City Clerks to provide By-law ] for the purposes of marketing and sale of the dwelling units permitted on these lands and no other provision of this By-law applies to prevent a temporary sales office

Prevailing By-laws and Prevailing Sections (None Apply)

5 Section 37 Provisions

A Pursuant to Section 37 of the Planning Act and subject to compliance with this By-law the increase in height and density of the development is permitted beyond that otherwise permitted on the lands shown on Diagram [1] in return for the provision by the owner at the owners expense of the facilities services and matters set out in Schedule A hereof and which are secured by one or more agreements pursuant to Section 37(3) of the Planning Act that are in a form and registered on title to the lands to the satisfaction of the City Solicitor

B Where Schedule A of this By-law requires the owner to provide certain facilities services or matters prior to the issuance of a building permit the issuance of such permit shall be dependent on satisfaction of the same

C The owner shall not use or permit the use of a building or structure erected with an increase in height and density pursuant to this By-law unless all provisions of Schedule A are satisfied




(Seal of the City)




(1) The community benefits recommended to be secured in the Section 37 Agreement are as follows

iv Prior to the issuance of the first above-grade building permit the Owner shall provide a contribution in the amount of $750000 to be used towards park improvements at Broadlands Park including the construction of a new splash pad and pathway improvements

v The financial contribution referred to in subsection (i) shall be indexed upwardly in accordance with the Statistics Canada Non-Residential or Apartment-Building-Construction Price Index for Toronto calculated from the date of the Section 37 Agreement to the date the payment is made

vi In the event the cash contribution referred to in Section (i) has not been used for the intended purpose within three (3) years of this By-law coming into full force and effect the cash contribution may be redirected for another purpose at the discretion of the Chief Planner and Executive Director of City Planning in consultation with the local Councillor provided that the purposes are identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands

(2) The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development







draft Zoning By-law Amendment attached as Attachment No 6 to this report

2 City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 71-75 Curlew Drive substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No 7 to this report

3 City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required

4 City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager Parks Forestry and Recreation (PFR) The development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements as approved by the General Manager PFR and the Parks and Recreation component of development charges payable for the development in accordance with the Citys Development Charges By-law as may be amended from time to time

5 That the applicant work with City Planning and Transportation Services as part of the Site Plan Application to explore the feasibility of installing a stop sign at the intersection of Curlew Drive and Rialto Drive with the costs to be borne by the applicant

6 Before introducing the necessary Bills to City Council for enactment require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act to the satisfaction of the Director Community Planning North York District and the City Solicitor as follows

a The community benefits recommended to be secured in the Section 37 Agreement are as follows


ii The financial contribution referred to in subsection 6ai shall be indexed upwardly in accordance with the Statistics Canada Non-Residential or Apartment-Building-Construction Price Index for Toronto calculated from the date of the Section 37 Agreement to the date the payment is made

iii In the event the cash contribution referred to in Section 6ai has not been used for the intended purpose within three (3) years of this By-law coming into full force and effect the cash contribution may be redirected for another purpose at the discretion of the Chief Planner and Executive Director of City Planning in consultation with the local Councillor provided that the purposes are identified in the Toronto









ISSUE BACKGROUND








241 233


181 169














































































COMMENTS














































_______________________________



SIGNATURE
































Toronto ON M4V 1N5

PLANNING CONTROLS




PROJECT INFORMATION



Depth (m) 8114














Total Units 222








BY-LAW No ~-20~


71 -75 Curlew Dr














DEFINITIONS
















PERMITTED USES







YARD SETBACKS









metres







BUILDING HEIGHT













PARKING









SECTION 37






LAND DIVISION




OTHER PROVISIONS







(Seal of the City)
































Exception RM XXX




















metres







metres



























(Seal of the City)






















ISSUE BACKGROUND








241 233


181 169














































































COMMENTS














































_______________________________



SIGNATURE
































Toronto ON M4V 1N5

PLANNING CONTROLS




PROJECT INFORMATION



Depth (m) 8114














Total Units 222








BY-LAW No ~-20~


71 -75 Curlew Dr














DEFINITIONS
















PERMITTED USES







YARD SETBACKS









metres







BUILDING HEIGHT













PARKING









SECTION 37






LAND DIVISION




OTHER PROVISIONS







(Seal of the City)
































Exception RM XXX




















metres







metres



























(Seal of the City)




















241 233


181 169














































































COMMENTS














































_______________________________



SIGNATURE
































Toronto ON M4V 1N5

PLANNING CONTROLS




PROJECT INFORMATION



Depth (m) 8114














Total Units 222








BY-LAW No ~-20~


71 -75 Curlew Dr














DEFINITIONS
















PERMITTED USES







YARD SETBACKS









metres







BUILDING HEIGHT













PARKING









SECTION 37






LAND DIVISION




OTHER PROVISIONS







(Seal of the City)
































Exception RM XXX




















metres







metres



























(Seal of the City)






















































































COMMENTS














































_______________________________



SIGNATURE
































Toronto ON M4V 1N5

PLANNING CONTROLS




PROJECT INFORMATION



Depth (m) 8114














Total Units 222








BY-LAW No ~-20~


71 -75 Curlew Dr














DEFINITIONS
















PERMITTED USES







YARD SETBACKS









metres







BUILDING HEIGHT













PARKING









SECTION 37






LAND DIVISION




OTHER PROVISIONS







(Seal of the City)
































Exception RM XXX




















metres







metres



























(Seal of the City)
























































_______________________________



SIGNATURE
































Toronto ON M4V 1N5

PLANNING CONTROLS




PROJECT INFORMATION



Depth (m) 8114














Total Units 222








BY-LAW No ~-20~


71 -75 Curlew Dr














DEFINITIONS
















PERMITTED USES







YARD SETBACKS









metres







BUILDING HEIGHT













PARKING









SECTION 37






LAND DIVISION




OTHER PROVISIONS







(Seal of the City)
































Exception RM XXX




















metres







metres



























(Seal of the City)











































Toronto ON M4V 1N5

PLANNING CONTROLS




PROJECT INFORMATION



Depth (m) 8114














Total Units 222








BY-LAW No ~-20~


71 -75 Curlew Dr














DEFINITIONS
















PERMITTED USES







YARD SETBACKS









metres







BUILDING HEIGHT













PARKING









SECTION 37






LAND DIVISION




OTHER PROVISIONS







(Seal of the City)
































Exception RM XXX




















metres







metres



























(Seal of the City)



















BY-LAW No ~-20~


71 -75 Curlew Dr














DEFINITIONS
















PERMITTED USES







YARD SETBACKS









metres







BUILDING HEIGHT













PARKING









SECTION 37






LAND DIVISION




OTHER PROVISIONS







(Seal of the City)
































Exception RM XXX




















metres







metres



























(Seal of the City)


















DEFINITIONS
















PERMITTED USES







YARD SETBACKS









metres







BUILDING HEIGHT













PARKING









SECTION 37






LAND DIVISION




OTHER PROVISIONS







(Seal of the City)
































Exception RM XXX




















metres







metres



























(Seal of the City)



















PERMITTED USES







YARD SETBACKS









metres







BUILDING HEIGHT













PARKING









SECTION 37






LAND DIVISION




OTHER PROVISIONS







(Seal of the City)
































Exception RM XXX




















metres







metres



























(Seal of the City)


















metres







BUILDING HEIGHT













PARKING









SECTION 37






LAND DIVISION




OTHER PROVISIONS







(Seal of the City)
































Exception RM XXX




















metres







metres



























(Seal of the City)





















PARKING









SECTION 37






LAND DIVISION




OTHER PROVISIONS







(Seal of the City)
































Exception RM XXX




















metres







metres



























(Seal of the City)


















LAND DIVISION




OTHER PROVISIONS







(Seal of the City)
































Exception RM XXX




















metres







metres



























(Seal of the City)













































Exception RM XXX




















metres







metres



























(Seal of the City)

























metres







metres



























(Seal of the City)


















metres



























(Seal of the City)






























(Seal of the City)















71 – 75 Curlew Drive – Zoning Amendment Application ......2. City Council amend City of Toronto...

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Transcript of 71 – 75 Curlew Drive – Zoning Amendment Application ......2. City Council amend City of Toronto...